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Balance of power, certainty and discretion in the franchise relationship: An analysis of contractual terms

Spencer, Elizabeth C. - 2008

Australia is an express factor in determining unconscionability in contract formation and performance. Certainty is essential to … to in making the contract. Discretion, if it is too wide, may no longer represent the true intentions of the parties, but … franchise contract synergistically reinforce these conditions. This paper tests that theory by evaluating balance of power and …

Persistent link: https://www.econbiz.de/10009441788

A Conditional Intent to Perform

Klass, Gregory - 2009

The doctrine of promissory fraud holds that a contractual promise implicitly represents an intent to perform. A promisor’s conditional intent to perform poses a problem for that doctrine. It is clear that some undisclosed conditions on the promisor’s intent should result in liability for...

Persistent link: https://www.econbiz.de/10009466419

Interlocal Contractual Arrangements in the Provision of Public Safety

Andrew, Simon A. - 2005

state statutes that allowed mix approaches to contractual arrangements. A relational contract is advantageous because it … regional politics and avoid future disputes, municipality and county governments can choose a more legally binding contract by … using non-relational contract such as interlocal agreements, contracts or leases. Utilizing the data compiled by the Florida …

Persistent link: https://www.econbiz.de/10009431810

The Competitive Effects of Passive Minority Equity Interests: Reply

Salop, Steven C.; O'Brien, Daniel P. - 2001

In a recent article published in this journal, Jon Dubrow examines the acquisitions of passive minority equity interests. The focus of his article is the treatment of these transactions by the courts and the federal antitrust agencies, including their treatment of the investment-only exemption...

Persistent link: https://www.econbiz.de/10009466422

A Retail Benchmarking Approach to Efficient Two-way Access Pricing:Two-Part Tariffs

Jeon, Doh-Shin; Hurkens, Sjaak - Universitat Pompeu Fabra; Institute for Economic Analysis - 2007

We study a retail benchmarking approach to determine access prices forinterconnected networks. Instead of considering fixed access charges asin the existing literature, we study access pricing rules that determinethe access price that network i pays to network j as a linear functionof the...

Persistent link: https://www.econbiz.de/10009435112

International Price-Fixing Cartels and Developing Countries: A Discussion of Effects and Policy Remedies

Levenstein, Margaret C.; Suslow, Valerie Yvonne; … - 2003

The U.S. Department of Justice, the European Commission, and the Organization for Economic Cooperation and Development have all recently voiced concern about international price- fixing cartels. The U.S. and European Union have increased prosecution of international cartels in the past decade,...

Persistent link: https://www.econbiz.de/10009476802

Long-term Energy Supply Contracts in European Competition Policy: Fuzzy not Crazy

Jean-Michel Glachant; Adrien de Hauteclocque - 2009

Long-term supply contracts often have ambiguous effects on the competitive structure, investment and consumer welfare in the long term. In a context of market building, these effects are likely to be worsened and thus even harder to assess. Since liberalization and especially since the release...

Persistent link: https://www.econbiz.de/10009483199

Conceptual and empirical advances in antitrust market definition with application to South African competition policy

Boshoff, Willem Hendrik - 2011

ENGLISH ABSTRACT: Delineating the relevant product and geographic market is an important first step in competition inquiries,as it permits an assessment of market power and substitutability. Critics often argue that market definitionis arbitrary and increasingly unnecessary, as modern...

Persistent link: https://www.econbiz.de/10009429587

Regulating for competition with BigTechs: banking-as-a-service and "beyond banking"

Martínez Resano, José Ramón

Artículo de revista ; En este artículo se analizan dos estrategias novedosas de competencia en el sector bancario: la banca como servicio (banking-as-a-service) y la prestación de servicios más allá de la banca (beyond banking). Se argumenta que estos modelos de negocio emulan la...

Persistent link: https://www.econbiz.de/10013210147

Regulating for competition with BigTechs: banking-as-a-service and "beyond banking"

Martínez Resano, José Ramón

This paper analyses “banking-as-a-service” and “beyond banking”, two emerging bank competition strategies. These business models are argued to emulate the transaction-based inroads that BigTechs have made into finance. But they entail new risks that call for adequate regulatory responses...

Persistent link: https://www.econbiz.de/10013210157